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Virginia's Nonpoint Source Program
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Vision Statement - Virginia’s Nonpoint Source Pollution Program: To control nonpoint source pollution in order to restore and protect living resources and maintain the other beneficial uses of Virginia’s waters and help assure the protection of Virginia’s outstanding quality of life.
Goals: In December 1999, Virginia’s Nonpoint Source Management Plan was approved by the US Environmental Protection Agency in Region3. This Management Plan established important long-term goals to improve water quality and short-term actions to achieve those goals. Long-term goals included the following:
- Develop and fully implement a cooperative watershed management program that integrates a comprehensive basin management and targeted sub-basin approach to implementing nonpoint source pollution control.
- Maintain existing beneficial uses in unimpaired state waters and restore beneficial uses in surface waters where confined animal feeding and/or livestock grazing operations are contributing to a water quality impairment caused by sediment, nutrients, or pathogens as listed in the 303d TMDL Priority List Report, or where ground water contaminants originating from confined animal feeding and/or livestock grazing operations exceed the state ground water standard, by 2014.
- Agricultural cropland will be managed in ways which maintain or restore beneficial uses in surface waters and protect water quality in ground water by controlling losses of sediment to surface waters and losses of nutrients and toxics to ground and surface waters by 2004.
- Commercial nursery and ornamental operations will be managed in ways which maintain or restore beneficial uses in surface waters and water quality in ground water by controlling losses of sediment to surface waters and losses of nutrients and toxics to ground and surface waters by 2014.
- Continue to develop and implement agricultural nonpoint source (NPS) programs to effectively prevent and reduce pollution in ground and surface waters through 2014.
- Reduce nutrient and sediment pollution entering Virginia’s waters through full implementation of the silvicultural water quality law.
- Maintain reduced levels of all nonpoint source pollutants to sustain designated uses and achieve beneficial uses of waters of the commonwealth by 2015.
- Control nonpoint source pollutants related to erosion and sediment control on construction sites according to current Virginia Erosion and Sediment Control and Stormwater Management laws and regulations.
- Adequately address nonpoint source pollutants related to stream channel erosion due to increased volume and rates of flow resulting from increased impervious cover, new and existing developed surfaces, and new and failing on-site sewage disposal systems.
- The overall goal of Virginia’s nonpoint source pollution monitoring and tracking programs is to support the development, implementation and evaluation of the nonpoint source pollution management program. Monitoring and tracking measure the effectiveness of the management program to ensure that the beneficial uses of Virginia’s waters are attained and maintained.
- To improve surface and ground water quality in watersheds throughout the Commonwealth of Virginia by reducing nonpoint source pollution associated with abandoned and orphaned resource extraction sites in 20 - 25 sub-watersheds for the purpose of obtaining designated uses. This can be accomplished through proper site planning, implementation of the best management practices, acid mine drainage remediation and land reclamation activities in associated high priority watersheds or areas with identified impaired stream segments.
- Adverse effects of hydrologic modifications on water quality throughout the Commonwealth of Virginia will be minimized by using proper design methodologies and best management practices (BMPs).
- To achieve maximum water quality benefits from available grant funds.
- By 2005, ensure that technical assistance and support needed to achieve maximum water quality benefits is established.
- Develop new public-private partnerships to enhance funding for ongoing nonpoint source program initiatives and implementation activities.
- To ensure that all applicable management measures and additional measures to reduce nonpoint source pollution are implemented by 2014 for the purpose of attaining designated uses.
In implementing the nonpoint source pollution program, the Department of Conservation and Recreation (DCR) receives input from the Nonpoint Source Advisory Committee (NPSAC), an interagency committee comprised of representatives of federal and state agencies. The mission of this committee is to serve as an interagency forum to facilitate effective nonpoint source pollution reduction and prevention programs that support the achievement and maintenance of beneficial uses of water throughout the commonwealth. The majority of these programs are incentive-based, with technical and financial assistance provided to encourage voluntary participation by various stakeholders. The existing programs are tools that are collectively incorporated into the nonpoint source pollution management programs implemented throughout the Commonwealth.
- Watershed Prioritization
- Agriculture
- Forestry
- Construction & Development
- Monitoring & Tracking
- Resource Extraction
- Hydromodification
Watershed Prioritization
Virginia’s evolving watershed management approach includes several programs that implement nonpoint source pollution control efforts on a watershed basis. Nonpoint source (NPS) pollution , or polluted runoff, results from many activities across the landscape. Water quality degradation can result when polluted runoff from land use activities such as agriculture, forestry, and construction and development is introduced into surface and groundwater. These impacts can be characterized and addressed within a given watershed by assessing chemical, biological and physical attributes. Therefore, Virginia’s pollution control efforts have to be targeted toward addressing sources of pollution on a watershed basis. There are many other recognized strengths to a watershed management approach to NPS pollution control. NPS pollution, by its nature, lends itself to a watershed approach in that nonpoint sources are generally widespread, and loading patterns to waterways are more readily measured and controlled at the watershed level. In addition, a watershed approach offers opportunities to address a wider range of objectives, provides a framework to solve problems unique to individual watersheds, and addresses statewide water resources issues through a systematic review of all basins within the state. Also, public awareness and involvement in NPS prevention, and the opportunity for state and local cooperation is increased. The opportunity to improve communication with the public is one of the strongest motivating factors for states to adopt a statewide watershed management approach. By developing information plans and using methods that promote public involvement (e.g., educational meetings, workshops, Adopt-A-Stream, citizen stream monitoring, etc.), watershed management can increase public awareness on water related issues and facilitate responses to citizen concerns. Watershed plans contribute to a more informed public, which can result in more realistic expectations regarding water management. Due to all its increased opportunities for participation, a watershed planning approach can lead to increased public support for state-sponsored management initiatives. Watershed management also yields new opportunities for cooperative partnerships among federal, state, and local governments. By providing a common framework for management, each partner can see where it fits in and can focus its resources to complement the overall planning efforts. As Virginia moves forward with a watershed approach to NPS pollution control, program coordination and the ability to target resources will be key to effective implementation. Strong partnerships and interagency cooperation will be required to affect these changes.
Agriculture
Agriculture is a large and diverse industry in Virginia. It accounts for approximately nine million acres (30 percent) of Virginia’s land use. Agricultural land uses include row crop production of grains, forage, peanuts, cotton, tobacco, and vegetables; pasture and hay production necessary for beef and dairy production; as well as facilities for poultry, swine, beef, dairy, and equine operations; orchards; and ornamental nursery operations. According to the 1998 303(d) Total Maximum Daily Load Priority List Report, agricultural nonpoint source pollution is the largest source of pollutants causing non-attainment of designated water uses in monitored segments of Virginia’s rivers. The Virginia Nonpoint Source Pollution Watershed Assessment Report indicates that the pollution potential is greatest where agricultural activities occur on highly erodible soils, in areas of intense crop and pasture production and in areas of high livestock and poultry production. Nonpoint source pollutants typically associated with agriculture include nutrients, sediments, pathogens and toxics. These pollutants can escape crop field and livestock production areas and enter surface and ground water systems. This can occur as a result of surface runoff and air deposition. When their levels in water become significant, they can have a negative impact on aquatic life, cause a reduction in dissolved oxygen, clog water treatment system filters and weaken or destroy aquatic vertebrates and invertebrates as well as their habitat. Human use of the water may become affected as a result of excessive plant growth, increased turbidity, and damaged fisheries and wildlife habitat. Nonpoint source pollution associated with agricultural activities can also impact the water quality of ground water supplies, particularly in areas with highly permeable soils or karst topography
Forestry
Virginia has approximately 16 million acres of forested land (63 percent of the state). According to the Forest Statistics for Virginia, 1992 resource bulletin, approximately 79 percent of forest land in Virginia comprises hardwoods such as oak and hickory, and the remaining 21 percent consists of softwood species such as loblolly, Virginia and white pine. Approximately 43 percent of the average annual harvest is softwood and 57 percent is hardwood. The primary pollutant associated with forestry operations is sediment resulting from soil loss. Forestry activities can accelerate soil erosion, depositing sediment into state waters. High sediment concentrations can smother bottom dwelling organisms, damage aquatic plants and harm the gills of some fish species. Improper silvicultural practices can also lead to increases in water temperature due to the removal of vegetation adjacent to streams, nutrient enrichment and the introduction of toxic chemicals such as herbicides, pesticides and petroleum products. Estimates by the Virginia Department of Forestry (DOF) staff indicate that silvicultural operations account for 5 percent of the nonpoint source pollution affecting Virginia rivers. However, the potential for localized water quality impacts is significant where intensive forestry practices occur and best management practices (BMPs) have not been implemented. The Virginia Nonpoint Source Pollution Watershed Assessment Report indicates that the pollution potential is greatest where forestry activities take place on steep slopes and highly erodible soils. DOF is the lead state agency for the implementation of forestry nonpoint source programs. In cooperation with the forest industry, DOF has implemented an innovative forest nonpoint source (NPS) program which is supported by financial incentives such as cost-share programs. DOF NPS pollution programs stress voluntary BMPs to achieve sediment reduction and other nonpoint source pollution goals. This non-regulatory program is complemented by the Virginia Silvicultural Water Quality Law which gives DOF enforcement authority to issue stop work orders, levy fines and require corrective action to protect waters of the commonwealth from excessive sedimentation originating from forestry operations. As the lead nonpoint source pollution agency, the Department of Conservation and Recreation (DCR) works closely with DOF to coordinate nonpoint source pollution control initiatives. In particular, DCR provides grant funding for DOF program enhancement and implementation activities and works cooperatively with DOF on buffer initiatives. DOF staff are active participants in the Nonpoint Source Advisory Committee and DCR staff are actively involved with the Silvicultural Water Quality Task Force.
Construction & Development
The conservation of land surfaces from underdeveloped open and woodland space to an urbanized setting complete with housing, commercial and transportation infrastructure, causes a significant change in the surface runoff hydrology and eliminates opportunities for infiltration and flow attenuation. This developed condition increases the volume and peak flow rate of runoff from rainfall. During the construction process excess runoff can become laden with sediment and nutrients, which are then deposited in downstream channels, sinkholes and streams. In the post-construction, or developed condition, increase in runoff can cause severe accelerated erosion of stream channel beds and banks, depositing additional sediment and nutrients in the downstream systems, as well as destroying the various habitats found within the stream channel. The urbanized landscape also collects and stores various urban pollutants such as sediments, nutrients and toxics on impervious surfaces. During storm events these deposited polllutants are quickly and easily flushed from impervious surfaces resulting in potentially high concentrations of pollutant laden runoff. Finally, the urbanizing landscape typically contains an increasing number of privately owned on-site sewage disposal systems which, over time, may release pathogens to the surface runoff.
Monitoring & Tracking
Water quality monitoring and tracking nonpoint source pollution control implementation are essential elements of Virginia’s Nonpoint Source Pollution Management Program. Monitoring and tracking support and direct program activities by providing information on water quality and the health of water resources. The Department of Environmental Quality (DEQ) administers the state ambient water quality monitoring programs. The Department of Conservation and Recreation (DCR) is the lead state agency for supporting and tracking nonpoint source (NPS) pollution control implementation. Both DCR and DEQ support citizen monitoring efforts in Virginia. Identifying water quality problems and the sources of impairment is a major focus of Virginia’s water quality monitoring program. Virginia’s plan fro NPS pollution monitoring and tracking activities identifies the roles and responsibilities of various state agencies and other organizations, and potential barriers to conducting a comprehensive program.
Resource Extraction
The Virginia General Assembly determined that uncontrolled resource extraction activities in Virginia, from the mining of coal and non-fuel minerals and the extraction of gas and oil, can contribute several pollutants to water resources. Legislation was passed to regulate these activities. Resource extraction activities are broken down into three subcategories; coal mining, gas and oil, and mineral mining. The focus of the Nonpoint Source (NPS) Management Plan is the NPS pollution associated with resource extraction activities that arises from abandoned coal operations, orphaned mineral mines, and gas or oil well sites. These sites were not subject to current regulatory requirements and operated without having to meet the NPDES effluent standards. Abandoned and orphaned sites can remain unvegetated for 100 years after extraction activities have ceased and represent the primary source of NPS pollution from mineral, gas and coal extraction. The definition of abandoned mines refers to coal mines abandoned prior to the Surface Mining Control and Reclamation Act (SMCRA) of 1977. Orphaned mineral mines are defined as those areas disturbed by the mining of minerals, not including coal, which were not required by law to be reclaimed or have not been reclaimed. Orphaned wells are those gas and oil wells that were abandoned prior to the enactment of current laws requiring reclamation. The potential for NPS pollution impacts of abandoned and orphaned mines on state waters is significant. Erosion and sedimentation can destroy aquatic habitat and ruin stream channels. Acid mine drainage (low pH), and the corresponding heavy metal contamination, can significantly impair the ability of a stream to support biota, killing plants and animals that cannot withstand low pH levels. Ground water contamination from abandoned and orphaned mines and wells is also a concern due to fracturing and open pathways for pollutants to enter an underground aquifer. These impacts are remediated through reclamation activities on nonpermitted sites.
Hydromodification
Hydrologic modification is the alteration of stream flow by human activities. All hydrologic modifications, whether properly or improperly implemented, may result in nonpoint source (NPS) pollution to the waters of the Commonwealth of Virginia, impacting aquatic and riparian habitats. Population growth and development may cause land use changes that result in hydrologic changes to the watersheds of Virginia. Channel modifications are sometimes needed to maintain navigable waterways and control flooding. Dam construction and operation is often necessary to store water for irrigation, recreation, flood control and to provide a source of drinking water. Yet, these activities can be nonpoint sources of pollution and adversely affect water quality and habitat if not properly managed. The principle NPS pollutant resulting from hydrologic modification is sediment. However, nutrients and toxics may also be associated with the sediment produced by these activities. Watershed development and disturbances to riparian areas may result in increased streambank or shoreline erosion, water quality degradation, and destruction of sensitive aquatic habitat. In particular, channel modifications undertaken in streams or rivers to straighten, relocate or change the depth or width of a channel can alter: instream water temperature, physical and chemical characteristics of bottom sediments, rate and characteristics of sediment transport and deposition, and flooding frequencies of downstream property. In addition, some channel modifications require maintenance dredging, which can diminish the suitability of aquatic and riparian habitat for fish and wildlife. While some adverse impacts associated with channel modification activities may be temporary, loss of habitat and the need for ongoing maintenance can have significant long-term consequences. Siting, constructing and operating dams and impoundments can result in significant changes in the ecology of streams and rivers. The construction of dams may result in considerable increases in nonpoint source pollution such as increased sediment loading and chemical contaminants. Dam operation can produce changes in water temperature and water chemistry (pH and dissolved oxygen). In addition, dams and impoundments can disrupt the natural transport of sediment and can result in significant changes to instream flow.
